A Waco conviction for driving while intoxicated (DWI) brings penalties that can increase if the defendant has prior related offenses. A first DWI offense is usually a Class B misdemeanor, a second a Class A misdemeanor, and a third a felony, with jail time and fines rising with each offense. A DWI defense tailored to your situation starts with knowing which level applies to your case.
What Is the Range of Penalties for a First DWI Offense?
A first-time DWI offense in Waco is typically a Class B misdemeanor, which can produce a sentence of:
- A minimum of 72 hours’ confinement, even for those with a clean record
- Up to 180 days in county jail
- A fine of up to $2,000
- License suspension
Background checks, job applications, and insurance renewals can all surface a DWI long after the case closes. These lasting effects are reason alone to invest in a strong DWI defense, rather than simply accepting whatever the prosecutor first offers.
How Much More Severe Are Penalties for a Second and Third DWI Offense?
Authorities respond harshly to repeat DWI offenses, and the jump in consequences from misdemeanor to felony is steep. A second DWI is a Class A misdemeanor, punishable by a mandatory minimum of 30 days confinement (of which all but 72 hours may be suspended by the court), and up to:
- Up to a year in jail
- A fine of up to $4,000
A third DWI qualifies as a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
These increases are not left to a judge’s discretion. Under Texas Penal Code § 49.09, the charge level rises once you have prior convictions for intoxicated driving, boating, or flying, and two such priors push a new case into felony territory.
A felony conviction can affect your voting rights, gun ownership, and your career. That is why mounting an aggressive criminal defense is even more important when your record includes prior offenses.
What Aggravating Factors Make a DWI Worse in Texas?
A few aggravating factors that can enhance a DWI charge to a more serious level or trigger harsher sentencing include:
- A blood alcohol concentration (BAC) of 0.15% or higher
- A child passenger in the vehicle
- An accident causing injury
Any of these can escalate a routine stop into a felony or add jail time you did not expect. The presence of an aggravating factor often shifts the focus of a case, so the details of the arrest deserve scrutiny from the very start.
Contact Callahan & King, PLLC, Today to Discuss Your DWI Defense in Waco
A DWI charge is a heavy weight to carry. Remember, though, that you still have the opportunity to defend yourself. The traffic stop, the breath or blood test, and the procedure that led to your arrest can present opportunities for a strong defense.
Although our firm is based in Waco, we represent clients with DWI charges throughout Texas. For DWI defense, Callahan & King, PLLC charges less than many firms while providing a full workup, and our attorneys back you with a responsive team and more than 40 years of combined courtroom experience.
Call our firm today at 254-717-8600 or submit your details via our contact form to learn where your case stands and start building your defense.
